Bilateral and Multilateral Agreements Governing Space Activities

Agreement between the French Government and the European Space Agency concerning the Guiana Space Centre
29 November 1993

[SELECTED PROVISIONS]

Article I.1 (Object of the Agreement)

The purpose of the present Agreement is:

(a) To define the conditions under which the French Government shall continue to guarantee to the Agency, to its member States and to their nationals, for the purposes of their activities and programmes, the availability of, access to and priority use of the installations and facilities of the Centre national d'�tudes spatiales (CNES) at the Guiana Space Centre (CSG) taking into account the strengthening of its European status. These main installations and facilities are described in the annex;

(b) To define the reciprocal rights and obligations arising therefrom for the parties to the present Agreement and with regard to the implementation of the resolution adopted by the Council of the Agency on 24 June 1993.

Article 11 (International liability)

1. In accordance with the provisions of resolution ESA/C/XXII/Res.3, adopted by the Council of the Agency on 13 December 1977, the Agency shall hold the French Government harmless from any claims made against it in respect of loss or damage, as defined in the aforementioned resolution, caused to the Agency itself, to a member State, to a third State, to nationals of those States or to any other person by reason of the use of the CNES/CSG facilities for the purposes of an Ariane development programme of the Agency.

This hold-harmless arrangement shall not apply if the loss or damage arieses out of gross negligence or a wilful act or deliberate omission on the part of the French Government or of persons acting on its behalf

2. The Agency shall not hold the French Government harmless from any claims in respect of loss or damage caused to the Agency itself, to a third State, to nationals of those States or to any other person by reason of the execution at the CSG of activities or programmes other than those of the Agency.

In the specific case of the use of the CNES installations and facilities at the CSG by a non-member State, by a national of that State or by an international organization, the relevant provisions of article 5.3 above shall apply.

3. The French Government shall hold the Agency and its member States harmless from claims of any kind in respect of any loss or damage caused to the Agency, to a member States, to a third State, to nationals of those States or to any other person by reason of the execution of the CSG of launch activities by the Arianespace company or by persons in its service. This hold-harmless arrangement shall not apply if the loss or damage arises out of gross negligence or a wilful act or deliberate omission on the part of the Agency, of persons employed by the Agency or of States members of the Agency (with the exception of the French State or of public bodies under its authority). In the event that the Agency is the client of Arianespace and irrespective of any negligence on the part of the Agency, the aforementioned hold-harmless arrangement shall not apply if the loss or damage is found to be due to the Agency's satellite, in which case the expenses incurred in respect of the proceedings and the making good of the loss or damage shall be borne by the Agency and apportioned among the States participating in the satellite programme concerned, in accordance with the provisions of the aforementioned resolution of 13 December 1977, in paragraph A.III.3 thereof.

4. The making good of any other loss, damage or injury of any kind connected with the implementation of the present Agreement and suffered by the Agency, its property or its personnel by reason of the activities of the French Government and/or of CNES at the CSG, or by the French Government and/or CNES by reason of the activities of the Agency at the CSG, shall be agreed between the Agency and the CNES.